[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Notices]
[Pages 87463-87465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27651]


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POSTAL REGULATORY COMMISSION

[Docket No. MC2020-73; Order No. 6853]


Inbound Competitive PRIME Registered Service Agreement

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission acknowledges a recent Postal Service request 
regarding revised versions and updates concerning parties to Inbound 
Competitive Registered Service Agreement 1. This notice informs the 
public of the filing, invites public comment, and takes other 
administrative steps.

DATES: Comments are due: December 27, 2023.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

[[Page 87464]]

II. Contents of Filing
III. Commission Action
IV. Order Requiring Further Action by the Postal Service
V. Ordering Paragraphs

I. Introduction

    On December 8, 2023, the Postal Service filed notice of revised 
versions of and updates concerning parties to Inbound Competitive PRIME 
Registered Service Agreement 1 (Agreement).\1\
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    \1\ Notice of United States Postal Service of Filing Revised 
Versions of and Updates Concerning Parties to Inbound Competitive 
PRIME Registered Service Agreement, and Application for Non-Public 
Treatment, December 8, 2023 (Notice).
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II. Contents of Filing

    The Postal Service acknowledges that due to an oversight, revisions 
to the Agreement that went into effect on January 1, 2023, and July 1, 
2023, respectively, were not timely notified to the Commission at least 
15 days before the effective dates of the respective changes in 
accordance with 39 CFR 3035.105. Notice at 2. The Postal Service also 
states that ``it has taken action to correct future oversights by 
educating responsible team members on their responsibility to provide 
information to promote timely filing of changes to the Agreement.'' Id. 
The Postal Service further states that it provides discussion ``in 
greater detail'' in the Notice regarding the oversight and the 
corrective action. Id. at 1. However, there is no such discussion in 
greater detail elsewhere in the Notice.
    With the Notice, the Postal Service filed: a redacted copy of 
Governors' Decision No. 19-1 (Attachment 1); redacted copies of the 
revised versions of the Agreement that went into effect on January 1, 
2023, and July 1, 2023, respectively (Attachments 2 and 3, 
respectively); a redacted table listing the parties to the Agreement as 
of November 30, 2023 (Attachment 4); and a certified statement required 
by 39 CFR 3035.105(c)(2) (Attachment 5). Notice at 2; see id. 
Attachments 1-5. The Postal Service also filed redacted Excel versions 
of financial workpapers. Notice at 2.
    Additionally, the Postal Service filed unredacted versions of 
Attachments 1-4 and unredacted Excel versions of financial workpapers 
under seal. Id. The Postal Service filed an application for non-public 
treatment of materials filed under seal. Id. at 2-3; id. Attachment 6.
    The Postal Service lists the changes made in the revised versions 
of the Agreement that went into effect on January 1, 2023, and July 1, 
2023, respectively. Notice at 3-4. The Postal Service states that the 
financial workpapers filed under seal show sufficient cost coverage for 
this Agreement. Id. at 4.

III. Commission Action

    The Commission reopens Docket No. MC2020-73 for consideration of 
matters raised by the Notice.
    The Commission invites comments on whether the Postal Service's 
filing is consistent with 39 U.S.C. 3632 and 3633 and 39 CFR part 3035. 
Comments are due no later than December 27, 2023. The public portions 
of the filing can be accessed via the Commission's website (http://www.prc.gov).
    The Commission appoints Katalin K. Clendenin to serve as Public 
Representative in this docket.

IV. Order Requiring Further Action by the Postal Service

    The Governors of the Postal Service ``shall cause'' each decision 
of rate or class not of general applicability and the record of the 
proceedings in connection with such decision ``to be filed with the 
Postal Regulatory Commission by such date before the effective date of 
any new rates or classes as the Governors consider appropriate, but in 
no case less than 15 days.'' 39 U.S.C. 3632(b)(3). Accordingly, the 
Commission regulations require the Postal Service to file notice of 
such decision at least 15 days before the effective date of the change. 
39 CFR 3035.105(a) (``When the Postal Service determines to add or 
change a rate or class not of general applicability, it shall file 
notice of its decision with the Commission at least 15 days before the 
effective date of the change.''). In Order No. 4016, the Commission 
discussed the Postal Service's previous pattern of untimely filing of 
the revisions to the predecessor version (a Market Dominant PRIME 
Registered Services Agreement), and in response to a Presiding 
Officer's Information Request, the Postal Service identified several 
steps it took to ensure timely filing of future revisions.\2\ For 
purposes of the instant Agreement, it appears that these steps were not 
followed by the Postal Service, and they were insufficient to ensure 
timely filings notifying the Commission of modifications.
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    \2\ See Docket No. R2016-6, Order Approving Modifications of 
PRIME Registered Agreement, July 26, 2017, 6-7 (Order No. 4016). The 
Postal Service identified the following steps: (1) ``[e]mployees who 
regularly work on the Inbound Market Dominant Registered Service 
Agreement 1 have been reminded of the Commission's request that 
financial information be timely filed when a modification to the 
Agreement proposes changes to rates, fees, or mail 
classifications;'' (2) ``[c]hanges to Annex 3 delivery standards 
proposed by the Postal Service will be submitted to the Commission 
at the same time they are transmitted to the head of PRIME;'' (3) 
``[t]he Postal Service's lead representative to PRIME will notify 
the Postal Service's Law Department as soon as possible concerning 
other proposed revisions to the PRIME Registered Service Agreement 
that affect rates, fees, and mail classifications so that filings 
can be made with the Commission as soon as possible.'' Id. at 7.
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    As noted above, the Postal Service acknowledges that an oversight 
led to the extremely late filing of the Notice and states it has taken 
corrective action to promote timely filing in the future. Notice at 2. 
The Postal Service also states that it provides discussion ``in greater 
detail'' in the Notice regarding the oversight and the corrective 
action. Id. at 1-2. However, there is no such discussion in greater 
detail elsewhere in the Notice. In addition, the Postal Service did not 
file a motion for late acceptance of its Notice either prior to or 
concurrent with the Notice, as required by Commission regulations. 39 
CFR 3010.163.
    Additionally, the Commission observes that there appears to be 
discrepancies between the list of current parties to the Agreement in 
Attachment 4 and the parties reflected with rates in the financial 
workpapers. Some countries that are listed in Attachment 4 do not have 
rates reflected in the financial workpapers, some countries that are 
not listed in Attachment 4 have rates reflected in the financial 
workpapers, and one country listed in Attachment 4 is missing entirely 
in the financial workpapers.
    To remedy the deficiencies identified above, the Commission orders 
the Postal Service to:
    1. File a motion for late acceptance of its Notice no later than 
December 18, 2023.
    2. In its motion for late acceptance:
    a. Discuss in greater detail what oversight led to the filing of 
the Notice almost 1 year later and 6 months later than the correct 
filing dates pursuant to 39 CFR 3035.105, respectively, for the changes 
to the Agreement that went into effect on January 1, 2023, and July 1, 
2023, respectively.
    b. Discuss in greater detail what corrective action the Postal 
Service has taken (and will take) to prevent similar untimely filings 
in the future, including but not limited to, designating the Postal 
Service employee(s)(along with the individual's name and title) 
responsible for monitoring whether a modification requires notification 
to Commission as well as the Postal Service employee(s) (along with the 
individual's name and title) who will be accountable for ensuring 
timely filings notifying the Commission of such modifications in the 
future.
    c. Explain the apparent discrepancy between the list of current 
parties to the

[[Page 87465]]

Agreement in Attachment 4 and the parties reflected with rates in the 
financial workpapers and provide revised Attachment 4 and/or financial 
workpapers as necessary.

V. Ordering Paragraphs

    It is ordered:
    1. The Commission reopens Docket No. MC2020-73 for consideration of 
the matters raised by the Postal Service's Notice.
    2. Pursuant to 39 U.S.C. 505, Katalin K. Clendenin is appointed to 
serve as an officer of the Commission to represent the interests of the 
general public in this proceeding (Public Representative).
    3. The Postal Service shall file a motion for late acceptance no 
later than December 18, 2023. The motion shall include the content 
specified in the body of the Order.
    4. Comments are due no later than December 27, 2023.
    5. The Secretary shall arrange for the publication of this Order in 
the Federal Register.

    By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2023-27651 Filed 12-15-23; 8:45 am]
BILLING CODE 7710-FW-P